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Thursday, 16 October 2008

Fritzl's children may not testify

19/07/2008 10:05:00 AM.  | LIVENEWS.com.au

The abused children of Austrian abductor Josef Fritzl may decline to testify against their father in an unexpected twist in the horrific case.

Fritzl has admitted to imprisoning his daughter Elisabeth, 42, in a cellar underneath his home for over 24 years and fathering seven children with her. One of the children died during birth in 1997 with Fritzl allegedly burning the body to hide the evidence.

However, two of her adult children, whose testimonies were to be included in the charges, are alleged to have refused to give evidence, as is their right under Austrian law.

A statement from the prosecution said : "It is not clear when or if the two adult children will be questioned.

"It now appears possible that they could use their right not to make any statements."

Elisabeth earlier completed her testimony against Fritzl, reinforcing her initial claims he systematically raped and abused her during the period and indirectly caused the death of her newborn.

Of the seven children fathered by Fritzl, three were selected - Lisa, 15, Monika, 14, and Alexander, 12 - to live with him and his wife Rosemarie in the upstairs dwelling. The remaining trio of Kerstin, 19, Stefan, 18, and Felix, 5 remained with their mother in the home-made dungeon.

The prosecution were hoping to use evidence from Kerstin and Stefan to reinforce the case for charges against their father, who is facing charges for manslaughter, rape, abuse, incarceration and incest.

However lawyers acting on behalf of the children acknowledged the first two charges would be difficult to prove due to lack of forensic evidence.

Austrian law does not allow for concurrent sentences, meaning Fritzl could only serve one sentence of just 10 years. the minimum period for charges of manslaughter and rape.

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